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HomeMy WebLinkAboutAmended Boat Use Permit Fully ExecutedContract Documents 43 0-2'l 22 Amended November 2022 AMENDED BOAT USE PERMIT This Agreement made this 28n day of November,2022 is by and between Pubtic Urility District No. 2 of Grant County, Washington (*District'), Grant County Sheriffs Office ("GCSO"), and Kittitas County Sherifs Office ('KCSO"). RECITALS: Whereas, GCSO and KCSO desire to use the District's watercrafts located at the Wanapum Maintenance Center and at Priest Rapids Dam, for search and rescue and patrol of the Priest Rapids and Wanapum Reservoirs. Whereas, GCSO and KCSO desire to use District trucks available at each location to tow the watercraft as necessary for the above described use. Whereas, the Distict is willing to permit GCSO and KCSO to use the watercraft and trucks subject to the conditions stated herein. Whereas, GCSO and KCSO are authorized to provide police protection and search and rescue services in Grant County, Washington; and Kittitas County, Washington. Whereas, the District, the GCSO and KCSO desire to enter into an agreement to promote public safety and welfare. Now, therefore, in consideration for the mutual covenants herein, the parties agree as follows: USE PERMIT Incorporation of Recitals The foregoing recitals arc incorporated into this Agreement. Use The Distict shall retain the right to use the watercraft and trucks for whatever reason and whenever it deems necessary or desirable. When the watercrafr and trucks ar€ not in use or required for use by the District, the GCSO and KCSO shall have the right to use the same in accordance with this Agreement. GCSO and KCSO shall use the watercraft and trucks in a reasonable manner and comply with and conform to all national, state, municipal, police and other laws, ordinances and rcgulations relating to the use ofthe watercraft and tucks. 3. Personnel GCSO and KCSO personnel who use the District's watercraft and $ucks shall be trained in all facets of boating and law enforcement. The District witl not be responsible in any manner for the training of GCSO and KCSO personnel or any of their acts or omissions. None of the GCSO and KCSO personnel shall be considered employees or agents of the Distict. I 2. Page I of8 contract Documents 430 -27 22 Amended November 2022 4. Use at Sole Riskto GCSO and KCSO GCSO and KCSO shall use the District's watercraft, trucks, or other equipment at GCSO and KCSO's sole risk and expense. In the event the watercraft, fucks, or other €quipment are damaged or destroyed while under contol of GCSO or KCSO, its officers, agonts, or employees through their negligence, GCSO and/or KCSO shall pay for the cost of making repairs to the same or pay the fair market value of the same, in the event the same is destroyed. The District retains all obligation for normal maintenance and oporation costs of the watercraft, trucks and other equipment. GCSO and KCSO shall not be responsible for any physical loss or damage resulting directly from lack of maintenance on borrowed watercraft, trucks, or other equipment. 5. Location and Access The District will provide access badges to GCSO and KCSO personnel on request which will give access to all gates and doors relevant to this agreement. During all hours GCSO and KCSO personnel respondingto an emergency are requested to contact the con€sponding Control Room. - Wanapum Control Room by calling 509-754- 5007 or Priest Rapids Control Room by calling 509-754-5006. During business hours a watercraft may be prepared by District stafffor use prior to anival. The entrance to the Wanapum Maintenance Center is closed and secured at all times. When responding to an emergency, non-badged GCSO and KCSO personnel must use the phone located to the left of the entrance to gain enty to the Maintenance Center Yard. The entrance to Priest Rapids Maintenance Yard is closed and seoured at all times. When respondingto an emergency, non-badged GCSO and KCSO personnel must use the phone located to the left of the entrance to gain entry to the hiest Rapids Yard. The watercraft, trucks, or other equipment will be available inside the Maintenance Center Yard of the corresponding dam. F When the watercraft, trucks, or other equipment are no longer needed, they shall be retumed to the location from which they were obtained. 6. No Wananties The Distict disolaims all wananties, express or implied, and all representations conceming the watercraft's, truck's, or other equipment's fitness for GCSO and KCSO intended use. 7. Indemnification GCSO and KCSO shall defend, indemnify, and hold harmless, the District and its officers, agents or employees, against claims and liability for damages of any nature, including death, whether to property or person, including but not limited tq GCSO and KCSO employees, directly or indirectly, A. B. c. D. E. Page 2 of8 Contract Documents 430 -27 22 Amended November 2022 rising from or out of the use of the Dishict's wateroraft, trucks, or other equipment by GCSO or KCSO, its agents, employees, or volunteers. In case any suit or other proceeding shall be brought against the Distict, or any and all officers, agents, servan6, or employees at any time on account or by reason of any negligence of GCSO or KCSO or any of its officers, agents, employees, or volunteers, CCSO and KCSO agre,e to assume the defense thereof and to defend the same at GCSO and/or KCSO'S own expense and to pay any and all costs, charges, attomeys fees, and other expenses, and any and all judgments that may he incuned by, or obtained against, the District, or any and all ofits other proceedings, in the case of any judgement or other lien by places upon, or obtained against, the District's property, GCSO and/or KCSO shall at once cause the same to be dissolved and discharged by giving bond or otherwise, The District, GCSO, and KCSO hereby acknowledge this indemnity was mutually negotiated and agreed to by all parties. 8. Insurance Prior to the commencement of any work under this Agreement, and at all times during the term of this Agreement, GCSO and KCSO, shall each obtain and maintain continuously, at its own expense, a policy, or policies of insurance with insurance companies rated A- VII or better by A. M. Best or A by S&P, as enumerated below, Any deductible, self- insured retention or coverage via capive $25K or above must be disclosed and is subjeot to approval by the Distriot's Risk Manager. The cost of any claim payments falling within the deductible or self.insured retention shall be the responsibility of GCSO and KCSO, as applicable, and not recoverable under any part ofthis Contract. Required Insurance l. General Ltability fnsurance: Commercial general liability insurance, covering all operations by or on behalf of GCSO and KCSO, as applicable, against olaims for bodily injury (ncluding death) and properly damage (including loss ofuse). Such insurance shall provide coverage for: a- Premises and Operations; b. Products and Completed Operations; c. Contractual Liability; d. Personal Injury Liability (with deletion of the exclusion for liability assumed under Contract); with the following minimum limlts: e. $1,000,000 Each Oscunence f. $1,000,000 Personal Injury Liability g. $2,000,000 General Aggregate (per project) h. $2,000,000 Products and Completed Operations Aggregate A. Page 3 of8 2. 4. 3 Contract Documents 430-2722 Amended November 2022 Commercial general liability insurance will include tho District as additional insured on a primary and non-contributory basis. A waiver of subrogation will apply in favor of the District. \ilorkers' Compensrtion and Stop Gap Employers Liability: When applicable, Workers' Compensation Insuranse as required by law for all employees. Employer's Liability lnsurancen including Occupational Disease coverage, in the amount of $1100O000 for Each Accident, Each Emnlovee, and Policv Linit. Employer's Liability may be procured as an endorsement to the commercial general liability via the Stop Gap Coverage endorsement. CCSO and KCSO, expressly agree to comply with all provisions of the Workers' Compensation Laws of the states or countries where the work is being performed, including the provisions of Title 5l of the Revised Code of Washington for all work occuning in the State of Washington. If there is an exposure of injury or illness under the U.S. Longshore and Harbor Workers (USL&H) Act, Jones Act, or under U.S. laws, regulations or statutes applicable to maritime employees, coverage shall be included for such injuries or claims. Such coverage shall include USL&H and/or Maritime Employer's Liability (MEL). Automobile Liability Ingurance: Automobile Liability insurance against claims of bodily injury (including death) and property damage (including loss of use) covering all owned (ifany), rented, leased, non-owned, and hired vehicles used in the performance of the work, with a minimum limit of $110001000 per accident for bodily iqjury, property damage, or death combined and containing appropriate uninsured motorist and No-Fault insurance provision, where applicable. Automobile liability insurance will include the District as additional insured on a primary and non-contributory basis. A waiver of subrogation will apply in favor of the District. Excess Insurance: Excess (or Umbrella) Liability insumnce with a minimum limit of$5,000,000 per occurrence and in the aggregate. This insurance shall provide coverage in excess of the underlying primary liability limits, terms, and conditions for @h category of liability insurance in the foregoing subseclions l, 2 (Employer's Liability only) and 3. If this insurance is written on a claims-made policy form, then the policy shall be endorsed to include an automatic extended reporting pedod ofat least five years or the statute ofrepose. Umbrella/Excess liability insurance will include the District as additional insured on a primary and non-contributory basis. A waiver of subrogation will apply in favor ofthe District. Watercraft Insurance: Watercraft liability insurance with a minimum limit of $5,000,000 per occurence for bodily injury and property damage if the performance of the work requires the use of any watercraft that is owned, leased, rented, or chartered by GCSO or KCSO, as applicable, or any of its Subcontractors. Such insurance shall also include coverage for property damage liability, tower's liability, marine conlractual liability, wreck/debris removal, and liability for seepage, containmenf and cleanup. 5. Page 4 of8 B. c. D. Contract Documents 430-2722 Amended November 2022 Watercraft liability insurance will include the District as additional insured on a primary and non-conhibutory basis. A waiver of subrogation will apply in favor ofthe District. If GCSO or KCSO shall hire Subcontractor for all operations and risk involving watercraft exposure, this requirom€nt may be satisfied by Subcontractor's policies. GCSO and KCSO, as applicable, shall impute the insurance requirements stated in this section to Subcontractor by written contract or wrifien agreement. Any exceptions must be mutually ageed in writing with the Dishict. Evidence of Insumnce - Prior to performing any servicos, and within l0 days after receipt of the Contract Award, then annually thereafter, GCSO and KCSO shall file with the Distict a Certificate of Insurance showing the Insuring Companies, policy numbers, effective dates, limits of liability and deduotibles with copies of the endorsements or policy documents where policy terms required under Section A are met. Failure of the District to demand such certificate or other evidence of compliance with these insurance requirements or failure of the Disrict to identify a deficiency from the provided evidence shall not be construed as a waiver of GCSO's or KCSO's obligation to maintain such insurance. Acceptance by the District of any certificate or other evidence of compliance does not constitute approval or agreement by the Disfrict that the insurance requirements have been met or that the policies shown in the certificates or other evidence are in compliance with the requirements. The District shall have the right but not the obligation of prohibiting GCSO, KCSO, or subcontractor from entering the project site until such certificates or other evidence of insurance has been provided in full compliance with these requirements. If GCSO or KCSO fail to maintain insurance as set forth above, the District may purchase such insuance at GCSO's or KCSO's expense. GCSO's or KCSO's failure to maintain the required insurance may result in termination of this Contract at the District's option. Subcontractors - GCSO and KCSO shall ensure that each subcontractor meets the applicable insurance requirements and specifications of this Agreement. All coverage for subcontractorc shall be subject to all the requirements stated herein and applicable to their profession. CCSO and KCSO shall fumish the District with copies of certificates of insurance evidencing coverage for each subconhactor upon request. Cancellation of Insurance - GCSO and KCSO shall not cause any insurance policy to be canceled or permit any policy to lapse. Insurance companies, to the extent commercially available, or GCSO, or KCSO shall provide 30 days advance written notice to the District for cancellation or any material change in coverage or condition, except l0 days advance written notice for cancellation due to non-payment of premium. Should GCSO or KCSO receive any notice of oancellation or notice of nonrcnewal fiom its insurer(s), GCSO and KCSO shall provide immediate notice to the District no later than two days following receipt of such notice from the insurer. Notice to the District shall be delivered by facsimile or email. Page 5 of8 Contract Documents 430 -27 22 Amended November 2022 9. Duration and Termination This Agreement shall remain in full force and effect until November 30,2027 or until terminated by any party upon l0 days prior written notice. Upon termination, GCSO and KCSO shall remove any and all of its materials from the District's watercraft, and/or fiucks. 10. Joint Qperation The administration of this Agreement shall be conducted by one person from GCSO, KCSO and the District. ll- Aoolicable Law-Venue This Agreement shall be govemed by and interpreted according to the laws of the State of Washington. In the event of any suit or action or other legal proceeding to enforce this Agreement, venue shall be in the Superior Court of Grant Count5r, Washington, 12. Ownenhip The watercraft, trucls, or other equipment are, and shall at all times be and remain, the sole and exclusive property of the District; and the GCSO and KCSO shall have no right, title, or interest therein or thereto. 13. Assienment GCSO and/or KCSO may not assign this Agreement in whole or in part, voluntarily or by operation of law. 14. Comnlete Asreement This Agreement constitutes the entire and integrated Agreement of the parties, supersedes all other related agreements pertaining to boat and watercrafr use, and may not be modified except in writing signed by all parties. 15.Authoriw Each ofthe undersigned represents that he or she has the authority to execute this Agreement. Authority This Amended Boat Use Permit supersedes the June 16,2014, Amended Boat Use Permit. 16. Page 6 of8 Contract Documents 430-27 22 Amended November 2022 IN WITNESS WHEREOF, GCSO, KCSO, and the District have executed this Agreement each by its properrespective ofticers and officials thereunto duly authorized the day and year first above written, Public Utility Distriet No.2 of Gra By Name: Fallon Long Title: Senior Manager, Internal Services Date:13-6 z1- Board of County Commissioners Grant County Of{ice Grant Cou ntYt By: Name: Danny Stone Title: Commissioner,Chairman Joseph Kriete Title: Date: Grant Sheriff Date: /22 Byr Name: Rob Jones Title: Commissioner,Vice-Chairman Date:e- By: Name: Cindy Carter Title: Commissioner,Member Date: l>,7r7 ,7t' "9/ Page 7 of8 Contract Documents 430 -2'l 22 Amended November 2022 Name: Barbara Vasquez Title: Clerk ofthe Board Date:a a1 7b>x By: Name: Rebekah Title: Deputy Prosecuting Attomey Date: Board of Commissioners Kittitas By: Kittitas County Sheriffs Office By: Name: Clayton Myers Title: Kittitas County Sheriff Date: =LL: lt - t? I h3 ?3 Name: t"au*e€si€da€a bry Lr3ri Title: Commissioner,Chairman Date: By: Name: eeryJtdshr kc*l tnjaalrgmi+L Title: Commissioner,Vice-Chairman Date: By Name:Latta Osiohtz Title: Commissioner,Member Date: llllllllllll ,SflA Irttttilt\\\\ ITtfvr"r{agesor8 CERTIFICATE OF MEMBERSHIP IN THE WASHINGTON COUNTIES RISK POOL THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE JOINT SELF-INSURANCE LIABILITY COVERAGE AFFORDED BY TIIE WASHINGTON COT]NTIES RISK POOL MEMBERCOUNTY: Kittitas County, Washington Attn: Chris Homer, DPA 205 W. 5th Ave, Suite 107 Ellensburg, W A 9 8926-2887 Liability Coverage Afforded by the: Washington Counties fusk Pool 2558 R W Johnson Rd SW, Suite 106 Tumwater, WA 98512-6103 Kittitas County (the "County") is a member of the Washington Counties Risk Pool (the "Pool"), as authorized by RCW 48.62.031, and the County is covered by the Pool's Joint Self-Insurance Liability Program. The Pool's Joint Self-Insurance Liability Program was created by interlocal cooperative agreement amongst the Pool's member counties to share risks by'Jointly, self-insuring" certain third-party liabilities. The Pool is NOT an insurance company. Claims that are covered under a Memorandum of Liability Coverage ('lvILC') from the Pool and were submitted under Chapter 4.96 RCW ("Actions against political subdivisions, municipal and quasi-municipal corporatlons " ) against the County, its employees, officers, volunteers and agents and./or actions in connection with or incidental to the performance ofan agreement/contract which the County and/or its officers, employees or volunteers are found to be liable for will be paid by the Pool and/or the County MLCNUMBER: MLC EF'F'ECTIVE DATE: MLC EXPIRATION DATE: LIMITS O[' LIABLITY EACH OCCURRENCE BIAND PD COMBINED: 20222023RrSKPOOL-KTCO October 1,2022 October 1,2023 $10,000,000 TYPES OF'LIABILITY COVERAGE AF'FORDED General Liabilitv Including: Bodily Injury Personal Injury Property Damage Errors and Omissions/Professional Advertising Injury Automobile Liabilitv DESCRIPTION OF OPERATIONS/LOCATION/VEHICLE CANCELLATION Boat Use Permit. Contract #430-2722 During the MLC Periodl0ll/22 - 10/1123 SHOT]LD THE ABOVE DESCRIBED MLC BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, TIIE ISSUER wrLL ENDEAVOR TO PROVTDE THIRTY (30) DAYS WRITTEN NOTICE TO TIIE CERTIFICATE HOLDER, BUT FAILURE TO MAIL SUCHNOTICE SHALL IMPOSENO OBLIGATIONNORLIABILITY OF ANY KIND UPON TTIE ISSUER OR ITS AGENTS OR REPRESENTATIVES. CERTIT'ICATE HOLDER:ISSUE DATE: January L0.2023 Public Utility Dishict No. 2 of Grant County 44 Barbee, Risk Analyst